AI Drafter 
TaxTMI 
TaxTMI 
2025 (11) TMI 50
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....o. 1 to pass an order giving effect to the order of the Commissioner (Appeals) dated 19th February 2024 for A.Y. 2009-10 and refund of a sum of Rs. 1,00,12,856/- for the said year along with interest under Section 244A of the Income Tax Act, 1971 ("I. T. Act"). 3. Facts in the present case are not really disputed. For the A.Y. 2009-10, an Assessment Order was passed by Respondent No. 1 under Section 143(3) of the I. T. Act dated 28th December 2011. In the said order, inter alia, Respondent No. 1 added a sum of Rs. 35,83,45,683/- being sum of securities premium under Section 68 of the I. T. Act. Alongwith the Assessment Order, a Notice of Demand was issued under Section 156 of the I. T. Act, raising a demand of Rs. 15,53,73,190/-. 4. B....
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....sioner (Appeals) and to issue refund of taxes paid. The Petitioner claimed refund of Rs. 1,00,12,856/-, after giving details and evidences of payments made and the refunds adjusted. The Petitioner sought refund of the amount with interest under Section 244A of the I. T. Act. 8. In absence of any reply from Respondent No. 1, few other communications were filed by the Petitioner with Respondent No. 1 for refund of the amount of taxes paid. 9. Since, no refund has been granted till date, therefore, the Petitioner has approached this Court with the prayer to direct Respondent No. 1 to grant refund with interest as per law. 10. In this factual backdrop, Mr. Gandhi, the learned Advocate for the Petitioner, submitted that once the Commiss....
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.... Ltd were unexplained, reopening be done of that relevant assessment year and appropriate action as per law be initiated under Section 150 of the I. T. Act. As against this order of the learned CIT (A) dated 19.02.2024, the Petitioner preferred an Appeal before the Hon'ble ITAT in ITXA No. 1428/MUM/2024. The Hon'ble ITAT vide order dated 18.06.2024 dismissed the appeal filed by the Petitioner. Pursuant to this she emphasized that a Notice under Section 133(6) of the I. T. Act was issued on 13.06.2024 to the Petitioner to give details about credit entries pertaining to the aforementioned parties in the relevant A.Ys. to which those credit entries pertained. She further submitted that the ITAT also concurred with the directions given by Ld CI....
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....Petition (L) No. 27782 of 2025 and Writ Petition (L) No. 27786 of 2025. It is therefore, submitted that now, there should not be any issue in releasing the refund due to the Petitioner. 13. We have heard the learned Counsels for the parties. We are not impressed with the submissions of the Revenue for more than one reason. Firstly, it is undisputed that the Petitioner had paid taxes of Rs. 1,00,12,856/- against the demand arising out of the assessment order dated 28th December 2011 for A.Y. 2009-10. Such demand no longer survives, as the Commissioner (Appeals) has deleted the additions made. Naturally, the Petitioner would be entitled to refund of such amount with interest as per law. It is not correct on the part of the Respondents to s....
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....vided a copy of the order to Respondent No. 1 vide letter dated 23rd February 2024 filed on 27th February 2024. There are no reasons forthcoming for not passing an order giving effect to the order of Commissioner (Appeals). At least, passing of such order is not contingent upon the directions issued by the Commissioner (Appeals). 15. Be that as it may, since this Court has already quashed and set aside the reassessment notices for the A.Y. 2008-09 and A.Y. 2009-10 vide separate orders dated 15th September 2025 in Writ Petition (L) No. 27782 of 2025 and Writ Petition (L) No. 27786 of 2025, therefore, now there should not be any difficulty for Respondent No. 1 to issue refund as prayed for. Since, the notice under Section 148 have been qua....